Ward v. Sise

OPINION OF THE COURT

Thomas P. Flaherty, J.

By way of a CPLR article 78 proceeding the petitioner, a law clerk to judge, part time (JG 24), seeks an order directing the respondent to reclassify his position. Respondent Sise moves to change the venue of this proceeding from Supreme Court, Erie County, to Supreme Court, New York County, pursuant to CPLR 510 and 511 on the grounds that Erie County is not a proper county for the prosecution of this proceeding, and that New York County is the only proper county for this purpose, pursuant to CPLR 506 (b).

CPLR 506 (b) provides that proceedings against…